Arquivos do Mês: September 2025

Contrary to common belief, many liberal authors argue that patents are not a natural form of private property, but rather state-granted monopolies that restrict competition and create artificial scarcity.

In developing countries, the international patent system — especially under agreements like TRIPS — often limits technological progress and access to essential goods, particularly medicines. By ensuring legal monopolies, these rules can raise prices and deepen economic inequalities.

Brazil’s Generic Medicines Law (Law No. 9,787/1999) represents a landmark example of patent flexibilization. By allowing the production of generics after patent expiration, and in some cases before, it reduced prices and expanded access to affordable medications. Today, generics account for more than 70% of prescriptions in key therapeutic areas, saving Brazilian consumers an estimated US$60 billion since implementation.

This case demonstrates that rethinking patents is not only a matter of social justice but also a matter of genuine economic freedom, fostering competition, reducing costs, and boosting local production.

The Brazil Innovation and Development Index (IBID) 2025 was launched last Friday (29) during the Startup Summit in Florianópolis. Created by the BPTO in 2024, the index has established itself as the primary reference for innovation in Brazil, encompassing all five regions and the 27 states, based on the methodology of the WIPO Global Innovation Index.

According to BPTO President Júlio César Moreira, the IBID helps identify regional potential and guide public policies. Chief Economist Rodrigo Ventura highlighted the new geography of Brazilian innovation, marked by decentralization and the emergence of innovation hubs across the country.

The ranking shows São Paulo, Santa Catarina, and Paraná as national leaders, while the state of Amazonas climbed three positions. Northeast states also performed above expectations considering their income level, reinforcing the regional dynamism of Brazil’s innovation landscape.

According to the Brazilian Patent and Trademark Office (BPTO), trademarks, patents, and other intangible assets already represent 47% of total investments in Brazil.

Investments in intangible assets (such as trademarks, patents, research, and development) now account for almost half (47%) of all investments in Brazil, according to a report released by the Brazilian Patent and Trademark Office (BPTO).

The data, presented by the institution’s Chief Economist, Rodrigo Vieira Ventura, highlight a turning point for Brazilian companies: firms are now investing nearly as much in innovation as they are in physical assets, such as machinery and factories.

This shift positions innovation as a key driver of the Brazilian economy, with an impact greater than that of agribusiness (8% of GDP) and mineral extraction (5.5%). Currently, investments in intangible assets account for 8.5% of Brazil’s GDP, growing at a rate of 0.8 percentage points per year, while investments in physical assets are declining at a rate of two percentage points per year.

Regional highlights

Although innovation remains concentrated in the South and Southeast regions, other states are also emerging. Amazonas, for example, rose three positions between 2024 and 2025 in the Brazil Innovation and Development Index (IBID), moving from 20th to 17th place.

São Paulo remained the leader, with a score of 0.872 on a scale from 0 to 1, which is 3.1 times the national average (0.296). Other states above the national average were Santa Catarina, Paraná, Rio de Janeiro, Rio Grande do Sul, and Minas Gerais.

Regional leaders in innovation in 2025 were:

• Southeast: São Paulo
• South: Santa Catarina
• North: Amazonas
• Northeast: Rio Grande do Norte
• Center-West: Brasilia

Strategic importance

The growing share of intangibles highlights the importance of intellectual property as a vital asset for companies seeking to compete globally.

At Tavares IP, we assist international firms in securing and protecting their intangible assets in Brazil. Please get in touch with our team to learn more about our solutions in trademarks, patents, and technical translations.

Mercado Livre has announced a strategic partnership with LaLiga, one of the world’s leading football leagues, to combat digital piracy in Latin America.

The initiative integrates the Mercado Livre Anti-Counterfeiting Alliance (Maca), which promotes collaboration with Intellectual Property rights holders. The agreement aims to detect, report, and remove illegal content, services, and devices that infringe LaLiga’s audiovisual rights, including pirate IPTV services and adapted devices that grant unauthorized access.

Key goals of the agreement include:

• Strengthening audiovisual rights protection in the region;
• Raising awareness of the impacts of digital piracy;
• Establishing best practices in IP protection within the online environment.

According to Paula Fernández Pfizenmaier, Intellectual Property Director at Mercado Livre, the collaboration reinforces the company’s commitment to a safe digital ecosystem for trademarks and users.

For LaLiga, the alliance marks a crucial step toward ensuring a fairer digital environment for the industry, content creators, and fans.

The Economic Development Committee of Brazil’s Chamber of Deputies has approved Bill No. 3553/21, establishing more explicit rules for the role of the Brazilian Patent and Trademark Office (BPTO) in court actions seeking the nullity of patents and trademarks.

The bill aims to enhance legal certainty and expedite these proceedings. The approved text provides that the BPTO:

• Will be summoned to comment after the deadline for the patent or trademark owner’s defense.
• May choose not to contest or may change its position in the case of public interest is involved;
• Will have the autonomy to remain in the proceedings even if the plaintiff withdraws or settles with the defendant.

The substitute text, presented by Congressman Vitor Lippi (PSDB-SP), seeks to strengthen the BPTO’s autonomy and reduce costs and delays.

The bill will now be analyzed by the Committees on Industry, Trade, and Services, as well as the Committee on Constitution and Justice.

The Special Committee on Artificial Intelligence of the Brazilian Chamber of Deputies is holding a public hearing today (9) to discuss how AI technologies impact copyright protection.

The session is part of the review of Bill 2338/23, which proposes a risk-based classification of AI systems, distinguishing between traditional AI and generative AI.

Regarding intellectual property, the bill allows the use of protected content only for non-commercial purposes by research institutions, journalism, museums, archives, libraries, and educational organizations. In commercial contexts, copyright holders may prohibit the use of their works or demand compensation for their use.

This debate highlights Brazil’s efforts to strike a balance between technological innovation and copyright protection.

Colgate has been granted the status of a highly renowned trademark by the Brazilian Patent and Trademark Office (BPTO), joining the exclusive group of 1,933 brands currently recognized as such in Brazil.

This designation confirms the brand’s high distinctiveness and strong recognition among Brazilian consumers, being associated with prestige, tradition, and quality. As a result, it enjoys special protection across all market sectors, in accordance with Brazil’s Industrial Property Law (Law No. 9,279/96).

The recognition of a highly renowned trademark must be requested before the BPTO through a formal petition, supported by evidence of the requirements established in Ordinance No. 08/2002, which was recently updated following a public consultation closed in May 2025.

Want to learn more about securing recognition and protection for your trademark in Brazil? Get in touch with Tavares IP.

A joint operation by the Civil Police, the Ministry of Agriculture, and the State Secretariat of Agriculture resulted in the largest seizure ever recorded in Brazil against the illegal seed trade. Authorities seized over 3,000 tons of counterfeit seeds across 14 municipalities in Rio Grande do Sul, resulting in estimated losses of $ 6.5 million for those involved.

According to Croplife Brazil, seed piracy practices include replacing certified seeds with common grains and using genetically modified seeds without paying royalties, violating biosafety regulations and intellectual property rights. Beyond financial losses, the risks include the spread of pests and herbicide-resistant weeds, which pose a significant threat to national agriculture.

Rio Grande do Sul has been identified as the central hub of this illicit activity, with counterfeit seeds often being transported to other states. It is estimated that soybean seed piracy generates $2 billion in annual losses in Brazil, with $200 million occurring in Rio Grande do Sul alone.

The free trade agreement between Mercosur and the European Union was officially sent this Wednesday (September 3) to the 27 EU member states, following approval by the European Commission. The treaty introduces significant measures, including tariff reductions, cooperation on environmental issues, and enhanced intellectual property protection, all of which are key to boosting international trade.

The agreement’s classification will determine the next steps. If deemed “exclusive”, involving only EU competences, provisional application will require ratification by the European Parliament. However, if considered “mixed”, covering areas that require national approval, it will depend on ratification by all 27 national parliaments — a process that may take years.

Follow Tavares IP’s blog for updates on how this agreement could shape trade and intellectual property frameworks in Brazil and Europe.